Agenda 12/10/2013 Item #16H14 12/10/2013 16.H.14.
Co ftr County
MEMO
Date: December 3, 2013
To: Leo E. Ochs, Jr., County Manager
From: Georgia Hiller, Chairwoman
Subject: Reconsideration Item
Please place on the December 10, 2013 BCC agenda a
reconsideration of Item 17C (later moved to Item 9D) from the
November 12, 2013 BCC Meting.
l
`\/
Packet Page -2297-
12/10/2013 16.H.14.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.H.16.H.14.
Item Summary: Reconsideration request by Commissioner Hiller regarding November 12,
2013 Item 17C, moved to Item 9D, which reads: Recommendation to adopt an ordinance
amending Chapter 74 of the Collier County Code of Laws and Ordinances, which is the Collier
County Consolidated Impact Fee Ordinance, providing for modifications directed by the Board
of County Commissioners related to a change in the timing of payment of impact fees to
issuance of a certificate of occupancy,the inclusion of Water and Wastewater Impact Fees as
eligible for the "Impact Fee Program for Existing Commercial Redevelopment" and including
additional minor updates or corrections related to "Adult Only Communities," obsolete refund
provisions, reimbursement agreements and the "former" Goodland Water District.
Meeting Date: 12/10/2013
Prepared By
Name: BrockMaryJo
Title: Executive Secretary to County Manager, CMO
12/3/2013 4:52:25 PM
Submitted by
Title: Executive Secretary to County Manager, CMO
Name: BrockMarvio
•
12/3/2013 4:52:26 PM
Approved By
Name: OchsLeo
Title: County Manager
Date: 12/3/2013 5:17:10 PM
Packet Page -2298-
12/10/2013 16.H.14.
EXECUTIVE SUMMARY
Recommendation to adopt an ordinance amending Chapter 74 of the Collier County Code
of Laws and Ordinances,which is the Collier County Consolidated Impact Fee Ordinance,
providing for modifications directed by the Board of County Commissioners related to a
change in the timing of payment of impact fees to issuance of a certificate of occupancy,the
inclusion of Water and Wastewater Impact Fees as eligible for the "Impact Fee Program
for Existing Commercial Redevelopment" and including additional minor updates or
corrections related to "Adult Only Communities," obsolete refund provisions,
reimbursement agreements and the"former" Goodland Water District.
OBJECTIVE: That the Board of County Commissioners (Board) adopts an ordinance
amending Chapter 74 of the Collier County Code of Laws and Ordinances (Code), which is the
Collier County Consolidated Impact Fee Ordinance, providing for modifications directed by the
Board of County Commissioners related to a change in the timing of payment of impact fees to
issuance of a certificate of occupancy, the inclusion of Water and Wastewater Impact Fees as
eligible for the "Impact Fee Program for Existing Commercial Redevelopment" and including
additional minor updates or corrections related to "Adult Only Communities," obsolete refund
provisions,reimbursement agreements and the"former"Goodland Water District.
CONSIDERATIONS: On May 28, 2013, at the regular meeting of the Board of County
Commissioners, an item was presented related to impact fees which was prepared in accordance
with direction provided by the Collier County Board of County Commissioners on February 12,
2013, Item 10K, and March 12, 2013, Item 10E. Additional information was also presented at a
workshop of the Board of County Commissioners on June 4, 2013.
Arising from the regular agenda item and the workshop, the Board provided direction on several
items for future consideration and action. The items are as follows:
1. Change the timing of payment from issuance of a building permit to certificate of
occupancy (CO) or certificate of completion (CC). This change will allow for the
payment of impact fees at a later date. The benefit of this change to developers.
builders, and property owners is that it reduces the time that the cost of impact
fees is carried. The payment of impact fees will now be no later than concurrent
with the issuance of a CO or CC,which allows for occupancy/use of the building.
2. Expand the current "Impact Fee Program for Existing Commercial
Redevelopment" to include impact fee assessments for Water and Wastewater,
meeting the specified criteria. This change will allow businesses occupying
certain existing buildings to participate in a program that provides for"changes of
use" without the requirement to pay additional Water and Wastewater Impact
Fees. This Program has been in effect since 2009 for other impact fee categories.
3. Provide additional land use categories for small businesses. This future change
will create additional sub-categories, by square footage, for some of the most
commonly used land use categories (General Office and Retail). This type of
Packet Page-3245-
Packet Page -2299-
12/10/2013 16.H.14.
concept was used previously for the creation of the "Small Medical Office"
category.
On October 8, 2013 (Item 16F7), the Board authorized the County Manager and the County
Attorney to advertise for future consideration an ordinance amending Chapter 74 of the Code to
incorporate the proposed changes to the Impact Fee Program.
The proposed Ordinance amendment provides for changes to all relevant provisions to move the
timing of payment from building permit issuance to CO. These changes do not prohibit earlier
payment of impact fees at the request of the applicant. The date used to determine the basis of
the impact fee assessment remains at building permit application. Further, the incorporated areas
of the County, which collect impact fees on behalf of the County by way of interlocal
agreements continue to be governed by the terms of the existing agreements. In the event that
the cities are interested in revising their policies and procedures to collect at CO, the interlocal
agreements may be modified,which requires Board and City Council approval.
A change to the "Impact Fee Program for Existing Commercial Redevelopment" has been
incorporated to include assessments for Water and Wastewater, meeting the specified criteria.
The program is eligible to businesses as follows:
1. Development is proposed within a lawfully existing building which
has had a Certificate of Occupancy issued for at least 3 years. Impact
fees for the existing building must have been paid the then applicable
impact fees at time of construction; and
2. Proposed development is solely within the existing building and does
not include the addition of any new square footage.
3. Demolition and reconstruction projects are not eligible for this
program.
4. For the purposes of water and wastewater impact fees,projects that
require an existing meter to be upsized are not eligible for this
program.
This change allows for changes of use in existing buildings without the requirement to pay
additional impact fees. This Program is proposed to be extended to Water and Wastewater
Impact Fees, provided that the Program criteria are met and no upsize of the meter is requires.
Program activity will be tracked and reported annually to the Board (related to Water and
Wastewater Impact Fees) similar to the tracking and reporting that is conducted annually for the
other applicable impact fees.
Also included as part of the proposed amendment are a few small administrative items as
follows:
1. Updated definition and exemption language for "Adult only
community"to reflect State licensing as evidence of age restrictions.
2. Removal of an obsolete reference to refund provisions
3. Inclusion of language to complete a partially missing provision related
to reimbursement agreements for developments that are unable to
commence.
Packet Page-3246-
Packet Page -2300-
12/10/2013 16.H.14.
4. Updating the status of the Goodland Water District to "former" in
accordance with action taken by the Board on December 11, 2012
(Item 17C).
As discussed as part of Item 16F7 (October 8, 2013), the expanded rate sub-categories are not
included in the proposed ordinance as they are being developed as part of the ongoing Road
Impact Fee Update Study, which is estimated to be complete by late Fall of 2013. During the
(future) Board review of the Update Study the consultant will have finalized rates for the new
sub-categories as well as details specific to the development of the sub-categories and associated
rates. Similar rate structures can also be developed for other impact fee types (i.e. Government
Buildings,EMS, etc.) as they move through the update study process.
If approved,the proposed ordinance will take effect on December 1,2013 and will apply to both
new applications and permits that are in process. Additionally, staff will provide notification to
the customer at permit issuance that impact fees will be due at CO (or CC) of the building
permit.
FISCAL IMPACT: The fiscal impacts of the proposed changes are as follows:
Changing timing of payment of impact fees from permit issuance to CO/CC. This change
does not eliminate the requirement to pay impact fees; rather it moves the payment to a later
point in time. The fiscal impact of this change is only related to timing of the receipt of the
impact fees. Currently, the average time between issuance of a building permit and CO ranges
from 6 to 12 months, with longer time periods for large commercial and multi-family buildings.
Some of the delay in receipt of impact fees related to this change may be offset by the
efficiencies implemented by the Growth Management Division that have streamlined processes
and allows permits to move quickly through the review and inspection requirements. However,
delays in construction related to availability of materials, labor, etc. may result in a longer
timeframe between issuance and CO.
Expand the current "Impact Fee Program for Existing Commercial Redevelopment" to
include Water and Wastewater Impact Fees. The fiscal impact of this change is estimated to
be approximately 9%, totaling $800,000, between the two funds, based on recent permit activity
and actual impact fee collections. This estimated amount is subject to changes in permitting
activity and trends in types of land uses constructed. As provided above. Program activity wil
be tracked and reported annually to the Board (related to Water and Wastewater Impact Fees),
similar to the tracking and reporting that is conducted annually for the other applicable impact
fees. The Program is also reviewed annually by the Board with respect to extension or sunset of
the Program. The next Board review is scheduled for June of 2014.
Provide additional land use categories for small businesses. The fiscal impact of this change
will be provided during the presentation of the Road Impact Fee Update Study, based on the
determination of the proposed rates.
GROWTH MANAGEMENT IMPACT: Objective 2 of the Capital Improvement Element
(CIE) of the Collier County Growth Management Plan (GMP) states: "Future development will
bear a proportionate cost offacility improvements necessitated by growth."
Packet Page-3247-
Packet Page-2301-
12/10/2013 16.H.14.
The proposed changes maintain the fairness and equity of the impact fee provisions while
providing programmatic improvements and overall benefit to the residents and businesses of
Collier County.
LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires
majority vote for approval. -JAK
RECOMMENDATION: That the Board of County Commissioners adopts an ordinance
amending Chapter 74 of the Collier County Code of Laws and Ordinances, which is the Collier
County Consolidated Impact Fee Ordinance, providing for modifications directed by the Board
of County Commissioners related to a change in the timing of payment of impact fees to issuance
of a certificate of occupancy, the inclusion of Water and Wastewater Impact Fees as eligible for
the "Impact Fee Program for Existing Commercial Redevelopment" and including additional
minor updates or corrections related to "Adult Only Communities," obsolete refund provisions,
reimbursement agreements and the"former"Goodland Water District."
PREPARED BY: Amy Patterson, Impact Fee Manager, Office of Management and Budget.
Attachments: 1)Proposed Ordinance Amendment
Packet Page-3248-
Packet Page -2302-